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(영문) 서울서부지방법원 2016.11.11 2016가단11779
손해배상(기)
Text

1. The Defendant’s KRW 70 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from September 14, 2016 to November 11, 2016, and the following.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Compensation for delay shall accrue from the date following the date of completion of the contract where the contractor ceases to work and the contract is terminated, but the period of the contract shall be from the date when the contractor could cancel the contract for the work (not from the time of de facto cancellation) due to the suspension of work or other reasons for cancellation until the contractor could request another contractor to complete the work.

According to the records, the original construction period under the contract in this case was from September 21, 201 to January 15, 2012 (117). In fact, the construction was suspended on April 2012, and the fact that the Defendant was dismissed on December 1, 2014 is recognized.

Therefore, considering the agreed construction period from January 16, 2012 after the date of the agreed deadline, the liquidated damages for delay is KRW 70,20,000,000, recognizing the period of six months that the Plaintiff could have been able to cancel the contract and complete the construction work through other business operators when considering the agreed construction period from January 16, 2012 after the agreed deadline (i.e., the contract price of KRW 390,000,000 x 180,000 for delay).

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the rate of 5% per annum under the Civil Act from September 14, 2016, which is the date of the judgment of this case where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform the obligation from September 14, 2016, following the delivery of the written complaint of this case, for which the Defendant is demanded to discharge the obligation to perform the obligation, to November 11, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from

(A) The Plaintiff filed a claim for damages for delay from January 16, 2012 after the agreed deadline for construction, but it is difficult to deem that the obligation to pay damages for delay arises from that time). The Plaintiff’s claim partially accepted, but the costs of lawsuit are borne by the Defendant.

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